DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/137)

BK LABOUR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 FEBRUARY 2021

Application for approval of the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the BK Labour Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute centred on the approval of a labour hire enterprise agreement for the period 2020-2023. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court was required to decide involved whether the proposed agreement was fair and reasonable, if it complied with the Fair Work Act 2009, and whether it met the criteria for approval as set out by the Fair Work (Registered Organisations) Act 2009. This included examining if the agreement appropriately balanced the interests of both employers and employees, and if it adhered to the principles of procedural fairness.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, meeting all legal requirements. The agreement was considered to appropriately balance the interests of the parties, providing for fair terms and conditions of employment. The court also determined that the agreement complied with the statutory provisions, and was procedurally fair. Consequently, the application for approval of the labour hire enterprise agreement was successful.

The final orders of the Commission were that the BK Labour Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023 be approved as a registered agreement. The agreement was to be registered with the Fair Work Commission, effective from the date of the decision.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established